IRVINE – A woman shot by an Irvine police officer chasing a robbery suspect has agreed to a tentative $800,000 settlement to end a civil case against the city of Irvine, her attorney said this week.

Attorney Steven R. Kuhn said the settlement calls for the city to pay $720,000 to Marilyn Ellis, who was working as a radiology clerk at the Woodbridge Hoag Health Center when she was shot, and $80,000 to her husband, Robert.

The settlement also calls for Hoag to drop a request to recover worker’s compensation benefits paid to Ellis, which Kuhn estimated at more than $160,000, in exchange for no longer being responsible for Ellis’ future medical expenses, the attorney said.

The proposed settlement still has a hurdle to overcome with the California Worker’s Compensation Appeals Board required to weigh in. But, Kuhn said Ellis is pleased that a compromise is near.

“I think it is a fair settlement, and it puts this whole incident behind the Ellises,” Kuhn said. “I think it would be hard for Marilyn to go through this again at trial.”

The police standoff that led to Ellis’ injuries took place on Oct. 27, 2006, when Irvine officers responded to the Wells Fargo at 4850 Barranca Parkway after hearing a 911 call in which the suspect, Ramin Pirbazari of Irvine, could be heard screaming at employees and customers.

Passersby reported hearing officers trying to get Pirbazari to surrender, but he apparently ignored their commands and ran across a parking lot shared by Wells Fargo and the Hoag clinic.

Officers fired at Pirbazari during the ensuing chase, striking him in the hand. Police caught him near a bicycle bridge over Barranca Parkway, using a Taser to immobilize him.

During the chase, a bullet fired by Irvine officer Alan Day struck Ellis, who was sitting at a desk at the Hoag office, talking on the phone and drinking coffee. Ellis in an interview after the incident said it felt as though someone had hit her on the back with a shovel, knocking her to the ground. Two doctors reportedly came to Ellis’ aid, and she was taken to Hoag Hospital.

Kuhn said Ellis has not worked at Hoag since the incident, and still suffers aftereffects from the shooting.

“A lot of it is psychological,” Kuhn said. “She has permanent difficulty in breathing, which prevents her from doing any strenuous physical activities.”

The city denied Ellis’ initial $10 million claim in April 2007. Ellis responded by filing a $10 million civil suit against the city in July 2007, alleging that the police fired their guns in a negligent manner and questioning the city’s hiring, training and supervision of officers.

The city and Ellis’ attorneys were initially unable to reach a compromise during a series of mandatory settlement discussions, according to court records. Kuhn said the disagreement stemmed not from the question of liability, but about the extent of her injuries.

The tentative settlement was reached on Sept. 23, Kuhn said, less than a month before the civil trial was set to begin on Oct. 20.

The District Attorney’s Office in 2007 cleared Day of any wrongdoing after a months-long investigation. That same year Pirbazi was sentenced to three years in prison after pleading guilty to robbery with a sentencing enhancement for using a deadly weapon, specifically a potato peeler.

Sean Emery is a crime and public safety reporter for the Register who covers state and federal courts and criminal justice issues. He has worked for the Register since 2006, previously covering breaking news, the city of Irvine, the Orange County Great Park, and the city of San Juan Capistrano.

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